4 Common Assumptions Based on Implicit Bias In Investigative Work – Preview to a 4-part Series
Biases – we all have them. But, as investigators, we have a responsibility to check our implicit biases at the door in order to conduct an impartial investigation. It’s important to challenge our own assumptions about parties who report, or are the subject of, claims of harassment or discrimination. Every high profile matter that hits the news sparks new debates by the public – often based on stereotypes and biases. And it reminds us again and again that, as investigators, we have to have to pay keen attention to these discussions to ensure we are aware of, and overcome, any biases we have in conducting an investigation. The parties deserve that.
At Van Dermyden Makus, we regularly train our staff on issues of bias and constantly reexamine our own biases as we conduct investigations. The following post identifies four common misconceptions people make in our field, often without realizing it.
4 Common Assumptions Based on Implicit Bias
1. “Why would a wealthy, famous, attractive and powerful person engage in sexual misconduct? They can have anyone they want without it.”
Power and attractiveness does not make people less likely to engage in sexual misconduct. In fact, it sometimes helps them get away with it.
It’s important to remember that it does not matter how traditionally “attractive” or successful a respondent might be. Just take NFL quarterback Deshaun Watson. Since March 16, 2021, 22 women—many massage therapists—have filed lawsuits accusing him of sexual misconduct during massage sessions in 2020 and 2021. It can be easy to dismiss these complaints, citing to the understanding that Watson could easily find a consenting date. However, to dismiss these concerns is to dismiss the power-based nature of sexual misconduct.
It’s important to remember that sexual misconduct is not driven by sexual desire alone. As Shawn Burn, Ph.D., psychology professor at California Polytechnic State University at San Luis Obispo told CNBC, sexual harassment can occur
To “intimidate, disempower, and discourage women in traditionally male-dominated occupations.”
More frequently when physical appearance plays a role in a job, with perpetrators thinking the job implicitly condones sexual objectification.
When people “use their power to exploit and maltreat others, knowing they can get away with it, and some getting off on it.”
When someone has an exhibitionistic disorder involving exposing one’s genitals or sexual organs to a non-consenting person.
2. “People cannot be racially biased against someone of their same race.”
We cannot automatically assume the biases, or lack of biases, of others. It can be tempting to believe a person of color cannot be biased against someone of the same race. But to do so erases and diminishes the reality of many racial issues. Issues like internalized racism, bias against national origin, bias against caste, bias against color (including colorism), and others are at play.
In both Ross v. Douglas County, Nebraska and Johnson v. Strike East Harlem Employment Group, et al., Black supervisors were found liable for directing racial slurs at Black employees. Even if two people are members of the same race, slurs based on race are never appropriate in the workplace and can expose employers to significant liability under Title VII.
3. “Men cannot be the subjects of sexual assault.”
It’s important to remember that any person, of any sex or gender, can be sexually assaulted, and consent is unrelated to physiological response to stimulus. As investigators, we have a duty not to dismiss concerns of sexual misconduct based on the complainant’s gender.
While our society is well aware of female victims, at least one in six boys is sexually abused before their 18th birthday, and one in four men experience unwanted sexual events throughout their lifetime.
Often, male victims of sexual assault are forgotten or neglected. This can be due to:
Shame
Self-blame
Stigma
Concerns about masculinity
Concerns about sexual orientation
Due to all of these factors, men are less likely to report sexual abuse, identify experiences they have had as abusive, or seek support or formal treatment for these experiences. A qualified investigator will take male complainants seriously.
4. “If someone is voluntarily intoxicated, they consent to sexual activity.”
Just because someone is voluntarily intoxicated doesn’t mean they automatically consent to sexual activity. After all, intoxication can lead to incapacitation, which can render giving consent difficult or impossible (however, this is dependent on the state).
After all, it’s important to remember that alcohol:
Affects the ability to communicate clearly.
Can increase aggressiveness, which can be problematic when it comes to sex.
Can mean people are more likely to misunderstand or willfully disregard what someone else is trying to communicate.
Can give people tunnel vision, which makes them more determined to get that one thing they are focused on.
Make sure the next investigator you hire is aware of these common assumptions and shows thoughtfulness when it comes to examining their own implicit bias. Part of conducting an impartial investigation is being aware of our own implicit biases in order to ensure they do not affect our work.
